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A defendant was declared guilty on higher court review of sexually assaulting Gisèle Pelicot after she was sedated by her spouse – and received his incarceration period increased to a decade.

Retrial Proceedings

Dogan, forty-four, an unemployed builder, who had appealed his first conviction last year, underwent a new trial this week at the higher court in Nîmes.

A jury of five men and four women, joined by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her residence in southern France in the morning of June 29, 2019.

The testimony revealed that Dogan, a married father, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform called “unbeknownst to her”, where Pelicot was seeking men to visit his house to assault his wife once he had rendered her unconscious into a unconscious state.

We trust the panel will affirm that in this country, fundamental rights are also women’s rights – that consent is personal, not transferred,” said the victim's lawyer, her legal representative. “Consent is received directly and not via a representative from a husband.”

Background

Dominique Pelicot, among the most severe sexual predators in modern French history, was handed a sentence to twenty years in prison last year for sedating his spouse and bringing in dozens of men to sexually assault her in her home in the Provence village of the village of Mazan over a duration of almost a decade of their union.

Dozens of additional defendants were found guilty in a high-profile trial last year, and the appellant was the single defendant to contest his verdict. He was initially sentenced to 9 years in prison, a penalty enhanced on Thursday to a decade.

The chief prosecutor, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any accountability”.

Testimony and Proof

The defendant had first sent Dominique Pelicot graphic images and then traveled an hour from his town in Provence to rape Gisèle Pelicot, after informing his wife he was leaving, the court heard.

Pelicot, who was brought from isolation in prison to temporarily give evidence at the appeal trial, stated to the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I want someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a key topic for a broader debate on societal attitudes in society as Dogan continued to assert he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had allowed him into the room, his behavior had been permissible.

The jury in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a unconscious condition, while a smiling the perpetrator committed rape multiple times over a duration of what investigators stated was several hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The state's case said there was absolute certainty that she had been incapacitated and had not consented.

Accused's Testimony

The defendant told the court the footage were simply “intimate moments” and denied it was violation. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had allowed him to the home, and therefore it was permissible. He said he was manipulated by the husband. “I attempted to cease,” Dogan stated to the court. “I continued because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to injure that lady.”

Victim's Response

The survivor, who was cheered upon leaving court each day by supporters present to back her, said to the defendant in court: “You do not grasp. When are you going to recognise you raped me? It’s a crime to rape an unaware woman. When did I ever give you permission? Never.”

The victim, seventy-two, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, turning to the victim in court, said Dogan’s unwillingness to take blame showed that: “Shame has not yet changed sides. The community is possibly in the course of that, perhaps propelled by the public consciousness resulting from the revelation of your case.”

Sie said the defendant's claims of non-guilt showed how normalized violence was still common in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change rape culture to a ethos of permission.”

Sie addressed the defendant: “While you reject it, it’s not just a woman, it’s an complete disturbing cultural framework that you are supporting.”

Personal History

The accused was born in Turkey and at the age of 5 moved to France, where his father worked as a caretaker. The testimony revealed that his father was abusive and that the defendant began smoking cannabis at the age of 10. When Dogan was seventeen he was caught by police for dealing drugs and his father forced him to leave of home. He served time in prison for drug dealing in his twenties and had worked as a builder but had experienced periods of being unhoused.

He was wed and had a child with a genetic condition, who he was the principal carer for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had regular extramarital activities outside their marriage. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had told a mental health expert that once a year he looked for commercial sex on his special day. His legal representatives stated to the court he had joint inflammation triggered by the anxiety of the initial proceedings.